Disorderly Conduct

Most often, we see Disorderly Conduct cases in Greeley, Fort Lupton, Grover, Evans, Miliken, and Windsor charged when someone is  fighting another in a public place, or making unreasonably loud noises in public, or near a private residence that the person has no right to occupy.

Disorderly Conduct Definition

The Colorado law definition of Disorderly Conduct - C.R.S. 18-9-106 - is:

A person commits disorderly conduct if he or she intentionally, knowingly, or recklessly:

(a) Makes a coarse and obviously offensive utterance, gesture, or display in a public place and the utterance, gesture, or display tends to incite an immediate breach of the peace; or

(c) Makes unreasonable noise in a public place or near a private residence that he has no right to occupy; or

(d) Fights with another in a public place except in an amateur or professional contest of athletic skill; or

(e) Not being a peace officer, discharges a firearm in a public place except when engaged in lawful target practice or hunting or the ritual discharge of blank ammunition cartridges as an attendee at a funeral for a deceased person who was a veteran of the armed forces of the United States; or

(f) Not being a peace officer, displays a deadly weapon, displays any article used or fashioned in a manner to cause a person to reasonably believe that the article is a deadly weapon, or represents verbally or otherwise that he or she is armed with a deadly weapon in a public place in a manner calculated to alarm.

Disorderly Conduct and Discharging Firearms

The statute goes on to provide that this crime can be committed when someone who is not a peace officer, involved in a type of lawful target practice or hunting, discharges a firearm in public. Also, someone will be charged with Disorderly Conduct if they show a deadly weapon or brandish another type of device that could be considered a deadly weapon, or declares, either verbally or with their actions that they are in possession of a deadly weapon, and does so to cause alarm.

What is the Sentence for Disorderly Conduct?

Disorderly Conduct can be charged as a petty offense, a class 2 misdemeanor, or a class 3 misdemeanor:

  • Petty Offense Disorderly Conduct is charged for making a course or offensive gesture or making unreasonable noise (parts a and c of the definition above).
  • Class 2 misdemeanor Disorderly Conduct is charged for discharging a firearm or displaying a deadly weapon (parts e and f of the definition above).
  • Class 3 misdemeanor Disorderly Conduct is charged for fighting with someone in a public place (part d of the definition above).

 The police in Greeley, Keenesburg, Evans, and Grover, might add the more severe felony charges of Menacing (CRS 18-3-206) or Illegal Discharge of a Firearm (CRS 18-12-107.5) in addition if the offense involved a firearm or deadly weapon. Prosecutors include extra charges to intimidate someone into taking a plea bargain. Having an experienced attorney at your side to defeat exaggerated charges is essential.


Be smart, exercise your right to remain silent, and call the experienced defense attorneys at the O’Malley Law Office.

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